PDA

View Full Version : First crash/dog hit/clipless fall :(



sarahspins
07-13-2010, 06:21 PM
I am not a happy camper right now, but I know my bike is worse off than I am... I just have some road rash and a sore elbow - but in terms of damage to my bike do I have any recourse with the dog owner? I know exactly who owns the dog - they're not a friend of mine, but I ride by their place often, and my kid rode the bus with their kid. All of their dogs (4 or 5?) were loose today. It was their pit bull who charged at me (of course :rolleyes: - I promise I am not biased against the breed, but where I live at least, the people who own pit bulls tend to be the types the LEAST prepared to own one responsibly).. there was no way to try to avoid him or even turn around.. it happened way too fast :(

I was riding down a small hill, and the dog came out and I was down before I fully realized what had happened, and I had a dog snarling at me in full-on attack mode with only my bike to protect me :mad:

My bar tape is shredded (thanks to the dog) and my rear derailleur is mangled... I don't know if it was from the fall (it was on that side) or from shoving my bike at the dog, but it's VERY not happy - it doesn't shift easily and it doesn't stay in gear. I lost my chain in the fall and it was all I could do to get that back on my bike and get away.

I did NOT stick around long enough to really speak with the owner other than yelling some not so nice things in his general direction as he walked away - mostly because he didn't ask if I was okay, or even apologize for being a moron with all of his dogs out, he just grabbed the one dog and took off with it, but I wanted to get the f*ck out of there before I had to tangle with one of his OTHER dogs... by the time I was far enough away to feel okay about stopping, I was pretty close to home, so I just kept going.

I was already planning on swapping out my shifters (I had ordered some new ones last week) so I am going to hold off on taking it in to my LBS until I get those (hopefully in a day or two) so they can take care of that while it's in there getting fixed. I have no idea what other damage there might be and I'm too afraid to look.

Am I supposed to do anything? Like file a police report? DH wants to go over there and face off with the idiot dog owner, but I really don't want him to - I'd rather just send him a bill for the damage to my bike. I'm not good at confrontations :rolleyes:

Blueberry
07-13-2010, 06:26 PM
You really need to talk to a TX lawyer. In NC, my advice would be absolutely file a police report. Do you know if there is a leash law? I would NOT go confront the owner. I would photograph your bike, you, and keep detailed notes and photos on the necessary repairs to both.

OakLeaf
07-13-2010, 06:28 PM
Oh man. :( So sorry that happened to you.

What Blueberry said.

KnottedYet
07-13-2010, 06:31 PM
First, I'm glad you are ok. Bikes can be fixed or replaced. You are the real treasure!

I'd suggest filing a police report.

If the dog was trying to attack, to the point that it tore the bar tape of the bike trying to get to you as you blocked it with the bike, that dog is dangerous.

My dog is sweet and gentle and stupid and I love him dearly, but if he bit or damaged ANYTHING in an attempt to get to a person simply going by my house, I would have him put down. And if I didn't see it happen, I would hope someone reported it.

The next cyclist, or child on a trike, or elderly pedestrian, might not be so lucky.

sarahspins
07-13-2010, 07:16 PM
Well we (by 'we' I mean DH) called the sherrif's office (we're out of the city limits, so police can't help us), and then I talked to them.. our next step is to contact animal control to report a dangerous dog (or 5), which we have to do tomorrow morning since they aren't open this late.

Honestly the damages are probably NOT worth trying to go take the guy to court or contacting a lawyer - it really does look like the rear derailleur is the worst of it... and it's a tiagra. If I have to buy another to replace it, it's not the end of the world... mostly frustating in regards to the dog.

zoom-zoom
07-13-2010, 07:21 PM
You really need to talk to a TX lawyer. In NC, my advice would be absolutely file a police report. Do you know if there is a leash law? I would NOT go confront the owner. I would photograph your bike, you, and keep detailed notes and photos on the necessary repairs to both.

This is what I would do, too.

I just hope I never have to. When I run dogs have always made me leery, but I've never had a truly bad encounter. On the bike...man, dogs sometimes turn Cujo.

I'm glad you're OK. I would still make the dog owner pay your repair bill. If he won't I'd make damned sure that he loses at least one of those out-of-control mutts.

azfiddle
07-13-2010, 07:39 PM
Glad to hear you are okay. The bike is definitely replaceable. I hope that there will be some kind of action from the sheriff's office.

I had a scare from a pit bull yesterday and was extremely happy that it stayed on the leash! Clearly, the owner did not expect the dog to show so much interest in chasing me when I rode past.

Zen
07-13-2010, 08:00 PM
First call is Animal Control. Usually they contact the police. If they don't , that's your second call.
Also, lawyer up.

Glad only the bike suffered. Keep us posted.

sarahspins
07-13-2010, 08:11 PM
First call is Animal Control.

Not that it truly matters a whole lot, but out where we are, animal control is a part of the Sherrif's Office.. so we kind of deal with everything in one place.. they're just not in the office at 9pm :p

Bike Chick
07-14-2010, 02:30 AM
This will be a repeat of what most everyone else has said but be sure to report the incident to the Sheriff's Dept and Animal Control. There is a possibility there is a leash law in your county prohibiting owners from letting their dogs run loose and limiting the amount of animals they can own.

I would also contact an attorney and see about recovering the damages to your bike at a minimum. (There's a possibility his home owner's insurance would cover it anyway). It's my feeling that we need to make an issue with irresponsible dog owners to not only repair damages caused by their pets but to put a stop to this madness with dogs. As cyclists we have rights and we need to draw the line somewhere. What about the next person that rides by on their bike? What about the next time you do? We've had problems with neighborhood dogs that involved the Sheriff's Department (she called them because we sprayed her dog) and a close friend of ours had a pin put in her knee and was off the bike for a year because of a dog. It's not the dog's fault and the owners need to be made responsible.

I'm so glad you weren't seriously hurt, Sarah, and am so sorry this had to happen. It's just not a pleasant situation.

Catrin
07-14-2010, 03:43 AM
Eeek! I am glad that you are ok and the bike isn't on the critical list.

bmccasland
07-14-2010, 04:01 AM
Sarah,
Glad you're OK, and you're bike is in good hands at your LBS.

Couple of years ago on an MS training ride, one of my team-mates was taken down by a "dog at large," a German Shephard mutt type, that charged riders from his yard (fenced only with a split-rail fence). This dog would charge people on the street from his yard regularily according to the neighbors, but the owner didn't seem to care. Well he wound up caring after that. My team-mate didn't want to move off the hot July pavement, someone dialed 911, and then the real circus began. Upshot was Joey had a broken hip. And the sheriff's deputy was not happy, at all. Owner was cited, and his homeowner's insurance paid for Joey's injuries and recovery.

Hopefully you'll get some support from your local sheriff's department and animal control. If the dog has no compunction at charging you, it'll probably charge a child as well. And if the yard isn't properly fenced, then the dog needs to be on a run line, so he can't reach the street.

Trek420
07-14-2010, 05:36 AM
Glad that you are ok! I feel unleashed dogs are unloved dogs. :( Unfortunately for one thing there are so many dogs that they don't always go to responsible owners.

My shelter rescue pit/lab mix has met and likes rabbits, alpacas, cows, horses, pigs, a kangaroo (her very first BFF was a kangaroo), cats if she feels they are her cat, and now finally after lots of work some dogs. She does not even blink at bikes, scooters, skateboards ... bikes are just what's all over the house.

I love her, she's saved my life a bunch of times. See story below. But if she attacked a person or someone had to fend her off with a bike I would have to have her put down.

We (meaning mutt and I) were attacked by a rotwheiler (sp?) one evening on our walk. Mae fought off the much bigger dog drawing him away from me and ultimately he ran home. Once home I discovered she'd been bit and hurt. I called animal control. They sent the police. I called my vet.

In my case it turned out that a responsible owner was away, relatives were house sitting, they forgot to lock the gate. Animal control temperment tested the dog. I guess he passed ;) Ordered the owner to keep the doggie inside, leashed outside or fenced. It goes on the doggies "permanent record" so if anything happened again they probably would require the dog put down.

Biciclista
07-14-2010, 05:57 AM
What about the next person that rides by on their bike? What about the next time you do? We've had problems with neighborhood dogs that involved the Sheriff's Department (she called them because we sprayed her dog) and a close friend of ours had a pin put in her knee and was off the bike for a year because of a dog. It's not the dog's fault and the owners need to be made responsible.

I'm so glad you weren't seriously hurt, Sarah, and am so sorry this had to happen. It's just not a pleasant situation.

THis is what I was going to say...

Crankin
07-14-2010, 07:07 AM
Yea and my neighbors thought I was causing a ruckus when I complained that they were walking their dogs off leash. After 2 very close calls, I gave up. It's the whole neighborhood, not just one person.
Most of the time, I am not out riding when they are walking the dogs, but their stares of contempt at me is frightening. They tell me to slow down when I am going down the hill on my bike and we all know that I am no speedster at that! What is wrong with people?

Aggie_Ama
07-14-2010, 08:03 AM
Jeez Sarah that stinks! Wilco has certain things they care about so hopefully this is one. We reported a pit bull mix (again bad owners, not breed) that chased me repeatedly snapping at my feet everytime I rode! One time I was only saved because I motorist pulled in front of the dog. The dog is gone now, not sure if it was my constant reporting it to Wilco or something else.

Have your LBS do a thorough check, which they will. But they can write up a complete estimate. I know BSS (not sure which you are using) prints estimates that show parts, labor and details of what they will do.

For the road rash, make sure you hydrate. I was riding with a lady Monday night who wrecked sweeping her shop ride. She said she couldn't stay hydrated enough. She said she was so thirsty.

arielmoon
07-14-2010, 09:45 AM
Been there done that! Blueberry is on the money. File a police report if there are leash laws in your state. I did not do this unfortunately but I did lawyer up.

15 months later I still have not gotten a penny but I am still being treated for injuries I sustained (broken pelvis and sacrum). My bike was only scraped up a little. We are, currently, working on a settlement.

JennK13
07-14-2010, 02:39 PM
As a City employee myself, whether there is a leash law or not (and most cities/counties have one), a "dangerous dog" report should be taken and the owners held liable for your injuries and damages. Especially since the dog ripped your tape as you fought it off using your bike for protection - THAT'S an aggressive dog and it needs to be dealt with appropriately.
Sure, you're not that hurt, and your bike doesn't have that much damage, but all added together it could easily total over $500 which in most cases is enough for a police report to be taken - I mean, if the dog were lose and ran in front of a car causing damage to the bumper, wouldn't they take a report???? Check the law for your state/county and see if bicycles are "treated" like autos - sometimes we have to remind law enforcement of such and stand up for our rights. Point is, you were injured in an ACCIDENT caused by the dog owners negligence. The viciousness of the dog is an entirely different issue to be handled by animal control. I'm just seeing several different angles here that you can take.
Like the others have said, the next person may not be as lucky as you were. Thank god you weren't injured more in the fall, or attacked by the dog. I am a HUGE animal lover, but I cannot stand off leash dogs!!! BIG pet peeve of mine. And the irresponsible owners look at us like we're crazy when we say something to them. My golden is always on a leash, and I can't tell you how many times people "walk" their dogs off leash, and the dog runs up to mine. My dog doesn't care for other dogs - she's a Golden, so she isn't the least bit aggressive; more like meek. She just prefers people and cats over dogs. Well, when I step between my dog and the approaching one, the owners always yell "Oh, it's ok, he's friendly". I often yell back, "Yeah, well, mine isn't" Are you sensing that I have an issue with this topic??? :)
Seriously, though, you have rights. You may have to force them, but you have them. Take care, and heal well!!!!

marni
07-14-2010, 05:47 PM
another reason to get with both police and animal control is to assure that the dogs' rabies shots are current. No he didn't actually break your skin but if he savaged the bar tape, indicating rage and or aggression, the next rider may not be so lucky and it is always good to get it on record.

I love dogs, but I hate unrestrained dogs. Two years ago on a cross country ride I was passing a house with a homeowner and his German shepherd in their yard. I thought the man had to dog under control and was just minding my own business, riding by when the dog took exception. Before I realized it he had hit me in the hip, knocked me off my bike and was racing b ack to his owner, all happy and good boy. The owner had the decency to put him in the house, but never came out again. I rode on to the night stop, reported to the guide, pulled down my shorts and realized that the dog had broken the skin. the police were called, a report filed and the owner and the owners vet were both required to prove that the dog had been vaccinated and that I wouldn't have to under go treatment for rabies.

I am sorry that it happened to you, and I hope you and your bike recover soon.

marni

HipGnosis6
07-15-2010, 11:03 PM
Your bike is covered as part of your personal posessions on your homeowners or renters' policy. Your liability while riding it is also covered there, so if you don't have insurance - get it!

That's also true of their pet. Any damages it causes will be covered under THEIR insurance; if it's not (some breeds are excluded, including pits), seek a claim under your own and let the insurance company subrogate for the loss.

emily_in_nc
07-17-2010, 12:40 PM
So sorry about your crash, Sarah. :( I had a serious accident five years ago when two unleased dogs ran right for me as I rode by their house. They weren't vicious like it sounds like the pit bull was, but they were territorial, and I think whenever there is more than one, they tend to egg each other on. I sped up, and my DH, whom I was riding a little bit behind, slowed down, so my front tire clipped his rear tire, and down I went. In my case, my bike was barely damaged, but I suffered three pelvic fractures (one very serious) and had to have surgery to pin me back together, followed by extensive PT.

A police report was filed at the time of the accident (while I was lying in the road waiting on the ambulance), and due to the leash law in our county, I was able to file a claim with the owners' homeowner's insurance. They paid for all my out-of-pocket expenses. They were lucky I had good health insurance and disability from my employer, since I was out of work for 9 weeks until I was cleared to drive again. I did not end up retaining a lawyer, though I did get advice from one (informally) in my bike club. He said that taking folks like this to court would probably only have a 50/50 chance of success, because in rural areas, a lot of folks have dogs, let them run loose, and really don't care much for we "rich" cyclists. So, I didn't try to go for any "pain and suffering" type of damages -- they got off easy, really.

Agree with all the great advice offered here and hope that your county has a leash law. Those dogs should *not* be running free, because as someone mentioned, the next hapless cyclist, runner, walker, whatever, may be even less lucky than you.

Keep us posted...

RolliePollie
07-18-2010, 01:24 PM
Well Sarah, I thought about your post this morning because I think I almost had a very, very similar dog encounter! Luckily I stayed on the bike...I am so sorry that you crashed :( But I'm glad you're ok.

So here's my near crash encounter...nothing compared to yours, but...I was riding down a rural road and saw two large dogs trotting around loose about 500 feet ahead. I slowed down and then saw a man coming down a driveway, so I yelled out "are your dogs ok with bikes?" In hindsight, what a stupid question. Anyway, the guy called his dogs and they both came to his side, although he didn't grab their collars. So I rode ahead. Well, literally right as I got to them, the larger Rottweiler-ish looking dog (no offense to Rottweilers) lunged at me, full bark and growl, teeth bared, etc. His mouth brushed my leg and got slobber all over me and he bumped my back wheel. The back of my bike felt like it picked up and moved sideways across the road, so I have no clue how I managed to avoid crashing. But I think my heel may have hit the dog in the chin as I was pedaling...add that to my screaming bloody murder scream and he backed off enough for me to get by. The man yelled at the dog but didn't say a word to me. So I rode off into the sunset and said several bad words.

I am going back to my dog rule, which is always stop and get off the bike. Of course this only works if you see the dogs and have time to stop. In this case, I trusted the man to control the dogs. My mistake I guess. I hope he felt bad about it.